Post-democracy, Labor Reform and access to justice in Brazil: study of interconnected cases

Abstract

The research has the general objective of confronting post-democracy and access to justice in Brazil, linking cases judged under the aegis of Labor Reform. Initially, the objective is to critically examine the current dynamics of Brazilian democracy, identifying the Labor Reform among possible reflections of post-democracy. Subsequently, we seek to identify the rationale behind the basic limitation on access to justice for workers resulting from the legislative change. Finally, the aim is to correlate the theoretical conclusions arising from this with interconnected case studies from the Superior Labor Court, Regional Labor Courts and, mainly, the Federal Supreme Court, which acts with a leading role that is not always protectionist. This is bibliographic and exploratory research, through literature review, carried out in the interdisciplinary and critical analysis of legislative and constitutional texts and specialized works. It also uses the case study methodology to analyze, in a critical and comparative way, decisions relating to the post-reform period, with repercussions on the proposed theme. In summary, it appears that, under the reflections of neoliberalism, the risks and fears for the Brazilian worker are high in the face of the consolidation, through the Labor Reform, of the desires of the business community by limiting workers' access to justice.